ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Proceduresmarried to us citizen with convictions
QUOTE (utopia2004 @ Oct 6 2009, 06:34 PM) <{POST_SNAPBACK}>
Hi there.

Im trying to find out info about getting a green card but getting frustrated.

My boyfriend is a US citizen, we are getting married soon.

He has a criminal background (felonies but minor). He is doing his time for a parole violation (4 months), then we want to apply for the card after that when we get married.

I have read on the internet his criminal background arent considered, just mine as hes already citizen? is that true? I have no convictions.

Where is it better to apply in the US or the UK?

Thanks sara


You have the answers on the convictions but it's not clear to me whether you are already in the US. If you are, you may not need a visa. You may be able to simply adjust your status based on the marriage.

pushbrkMaleChina2009-10-06 21:30:00
K-1 Fiance(e) Visa Process & ProceduresSituation help...thanks....

A friend was getting her K1 fiance visa and had gone through all the steps successfully. Weeks before getting the greencard in hand, she has 'the last straw' conflict with her husband and leaves their house and moves here. She is not on speaking terms with her husband but wants to get the card in her hand. What should she do? Change of address? Thanks!



Has the status adjustment been approved? Some are approved without an interview but most have an interview together with the spouse. If there is to be an interview and they don't attend together, there will be no green card. You need to provide more information for a good answer.

Unless the AOS case was transferred to Laguna Nigel, CA Service Center, there will be an interview prior to any status (green card) being granted.


pushbrkMaleChina2011-07-22 12:27:00
K-1 Fiance(e) Visa Process & ProceduresMarrying in the US under VWP

That is a really good idea! I'm sure my ex would write something stating that he has agreed to let me take her to Portugal and that he believes it is in her best interest. And he has to be there for me to get her passport so that is already implied to some extent. As for what I need to begin the Residency process in Portugal... really only begins once you're IN Portugal or already married, which causes some awkwardness, as the process to move there is quite a bit easier than to move here. But basically if we go one route, marrying in the US, then he applies to reunite family, he can bring my daughter and I both over, whereas if I go there, marry him and then apply, we have to apply for my daughter separately and she would have to stay with her grandparents until then. And with a divorce, and a big move, I would like to avoid too much moving around for her. So marrying here (or Gibraltar if we must) is the healthiest option in my estimation.

When we move back to the US is basically up to when we can save up enough to support ourselves.


A clear explanation of the bold section above should be in your letter. It explains why marrying here and then going to Portugal makes the most sense and it does it in a way any literate person can understand. Good job.



pushbrkMaleChina2011-07-22 21:06:00
K-1 Fiance(e) Visa Process & ProceduresMarrying in the US under VWP

No. I don't work. I am trying to find work, but where I live there isn't a lot right now. My plan was to go back to school, but I am putting that on the back burner right now. Ideally I would work and bring him in on a K 1. And that's still not totally impossible if I manage to find a job. But for now, I have a young child and my ex pays enough child support for me to stay home with her- basically what he would pay for preschool/child care so that I could work and it works out because she gets the upbringing we had intended if we had stayed together, rather than spending all of her time in a daycare. Finding employment that will support this wealthy area's idea of 1-2k a month child care and meeting the minimum for an Affidavit isn't going so well. Heh. Which is why I am thinking that going to Portugal for now, where my fiance owns a home and has employment is the only way we can be together until the tides change.

Apparently there are a lot of jobs in my field in Portugal!


So, additional evidence of his intention and yours to live in Portugal would be your child's father's permission letter for the child to live in Portugal and a copy of the child's passport. Enough evidence that it is the US Citizen and a child with intent to live in Portugal will satisfy US CBP officers. What will you and your child need from Portugal Immigration officials in order to live in Portugal a year or so? Provide evidence of those arrangements as well. I only asked about your job to see if you could add a resignation letter. If you're going to Portugal, you'll deal with affidavits of support when you're ready to return to the USA.



pushbrkMaleChina2011-07-22 19:04:00
K-1 Fiance(e) Visa Process & ProceduresMarrying in the US under VWP

Thank you Kathryn. I tend to get a bit TMI. lol

In response to your questions pushbrk: No, not really. I've told my landlord I'm leaving in November and I've started tying up loose ends here, but other than that I can't say there's much here FOR me to leave.

I'm not certain he was flagged, so much as intensely questioned by a guy with a can of redbull in the middle of the night. I was born and raised here and upon returning to the country I too have been intensely questioned for no obvious reason. All in the name of security I guess. I can't think of a reason he'd be flagged.


He would be flagged because of the intense questioning about a "significant other" relationship with the US Citizen he was coming to visit. Not sure of the timing of the visit, marriage and your departure but if you've given notice to your landlord a copy of that notice would be helpful. You don't have a job?



pushbrkMaleChina2011-07-22 18:07:00
K-1 Fiance(e) Visa Process & ProceduresMarrying in the US under VWP

Oh I must have misunderstood you. I didn't think you were saying to outright lie, but omitting his main reason for being here- which it would be, seems a bit untruthful to me. Either way, great advice and thank you. I was thinking of also having plane tickets for myself lined up so he could prove that we're both leaving together- perhaps he could show the printout or something like that.


Sure, all good ideas. I thought I gave context to my generic answer suggestion when I said that he is no more obligated to mention a wedding than a visit to a public library. Even omitting a mention of immigrant intent is not a problem as long as no direct question was answered untruthfully. My suggestion was about avoiding raising red flags. Now that you've indicated he is already flagged from a previous visit, I recommend a more direct approach.

Yes, showing both an itinerary and receipt for payment for your airline ticket would be good, along with any other concrete evidence of your plans. For instance, are you resigning from your job, finishing school or anything like that that could be documented?



pushbrkMaleChina2011-07-22 15:54:00
K-1 Fiance(e) Visa Process & ProceduresMarrying in the US under VWP

Proof such as that he owns a home has family and a job in Portugal? Which I guess could be the title to his house, a letter from his employer and maybe a letter from family members?

When he came in on the VWP last time they really questioned him. About me, about why he was coming, about my address. Lots of details. It was weird. But I would rather not have him lie, even by omission because it could come back and bite us in the butt.


I didn't suggest lying but with the history you just noted, being up front about plans and bringing evidence of his intent to return is a better idea. I would also give him a letter from you indicating YOUR intention to go live with him in Portugal after the marriage.



pushbrkMaleChina2011-07-22 14:46:00
K-1 Fiance(e) Visa Process & ProceduresMarrying in the US under VWP

If you're only intending on marrying in the US and then departing, it's pointless to spend all the money and go through the hassle of gathering paperwork. It would be easier to do a Visa Waiver (Portugal is part of the agreement) . Details at VWP for Portugal. It would be best to be honest on entry and state that you are marrying with the intent to depart after marriage and I'd strongly recommend your fiance brings paperwork showing he has the incentive and the life in Portugal to return to, so that he is not denied entry.

If at some later stage you decide you want to return to the US as a family, you will simply apply for the CR1 visa, as the K1 visa is only open to those who are entering the US unmarried.


My advice is to give a generic truthful answer about the purpose of your visit, like "holiday" or "visiting friends" or "going to Disney.." if true. Only if specifically asked, do you need to mention that a wedding is one item on your itinerary. No reason to raise red flags. However, if asked, be truthful and be prepared to show ties to the home country. Failing to mention a wedding is no more dishonest than failing to mention entering a public library.



pushbrkMaleChina2011-07-22 12:23:00
K-1 Fiance(e) Visa Process & Proceduresevidence of engagement to fiancee
The term "Evidence of Engagement" is never used by USCIS but is often seen on P3 instruction letters from Consulates. Generally, they are simply referring to evidence of a bona fide ongoing relationship. If you are seeing this term on a Consulate's website or correspondence, that's what it means in general.

For filing the initial petition, the signed letters of intent and evidence of meeting in person at least once during the past two years is all the evidence related to the relationship that is needed. Other evidence needed is that of being free to marry and the Petitioner's US citizenship.
pushbrkMaleChina2009-11-06 10:14:00
K-1 Fiance(e) Visa Process & ProceduresHow do they proccess K1? It's does not look like first come first serve

Gary,

Thanks for the above explanation.

Besides checking for criminal records do they check on other things? Does USCIS contact the IRS and check up on our ability to financially support our beneficiaries too?

I assumed making sure we are financially able to support our beneficiaries is as important as criminal records.

However, I found out yesterday that I-134 and supporting documents such as tax transcripts and W2's were submitted at the interview and not mailed in with forms DS-230 and OF-169. To me, that doesn't give them a lot of time to make sure that we are financially sound. What is your take on that?

Thank you!!


It takes only a moment or two to evaluate the information on an affidavit of support and then verify it against the supporting evidence submitted with it. They don't need to contact the IRS to verify what's on the tax return(s) and pay stubs. You sign under penalty of perjury.

Edited by pushbrk, 17 December 2010 - 10:46 AM.

pushbrkMaleChina2010-12-17 10:45:00
K-1 Fiance(e) Visa Process & ProceduresHow do they proccess K1? It's does not look like first come first serve

First come First served, however, if something delays things like a long name check, they will not halt processing of all cases in the queue for a few that are stuck in AP, so yes some later filers can and will get approved before earlier ones.

:thumbs: Be aware that "processing" does not mean "approval". It is a multiple step process to adjudicate a petition. Some take more steps and more time than others and we certainly are happy that some petitions that need more time, don't delay others that don't. It's not an "equal result". It's an orderly process.
pushbrkMaleChina2010-12-15 18:10:00
K-1 Fiance(e) Visa Process & ProceduresDENIED 129F NO RFE

So it is either re-open or new petition - and the new petition is quicker. I expected to have to pay another fee... my main concern is the time factor. thanks Pushbrk..


Quicker and less expensive. No reason why you can't get it done in the next couple days.



pushbrkMaleChina2011-07-24 19:44:00
K-1 Fiance(e) Visa Process & ProceduresDENIED 129F NO RFE

Just wondered what was meant by "they are denied, the papers returned and they put the check in and send it back or try to re-open it so they don't have to pay again." Does this mean that if the missing papers/documents are sent to VSC they may continue to process the petition sometimes? (They did not return any papers to us). I am thinking in terms of saving time either with or without payment and whether there is any possibility?


Good questions. When a check isn't included, the petition is "rejected" not "denied" and the whole package is sent back. When a petition is "denied" like yours was, nothing is sent back. You just get the denial notice. No, you cannot avoid paying another fee.



pushbrkMaleChina2011-07-24 19:16:00
K-1 Fiance(e) Visa Process & ProceduresDENIED 129F NO RFE

To answer question #2: The tier 2 officer was just answering your request of getting your daughter to the US by 1 Aug. I believe (as I am no mind reader) that this person was not offering you any imigration advice as to how your daughter could immigrate to the US, just how can she enter the US by 1 Aug. Having spoken to USCIS person I have come to understand that you must be 1) very specific, 2) question their advice as how it pertains to YOUR case, 3) repeat #2. So if you just said, "How do I get my daughter into the US by 1 Aug before she turns 21?" Then his answer makes sense. If you really wanted to know "How can I get my daught who turns 21 on 1 Aug be able to immigrate to the US with me as I am applying for a K-1 visa?" I am betting the answer might have been different. Maybe not. As most have said before, the USCIS people, even the tier 2, may or may not be very knowledgable of ALL the immigration laws, only those they are very fimilar with.

I hope it all works out for you in the end.

Dave




In trying to navigate the immigration process, it's important to understand that almost no government employee understands more than the small part or parts of the process with which they themselves are involved, and they couldn't care less about how much time it takes or what is most cost effective. USCIS doesn't issue visas. Consular officers do issue visas and usually understand that there are age-out issues but Consular officers don't handle adjustment of status.

At this point, I think you have the advice you need, which is to file a new petition instead of re-open the original one. This is because it is faster and less expensive. Unfortunately, your daughter is simply out of luck and time with regard to immigrating to the USA as the daughter of a US Citizen's fiancee. She may be able to come here on a student visa, fall in love, marry a USC and adjust status but otherwise you'll be limited to "visiting" each other.


pushbrkMaleChina2011-07-20 11:43:00
K-1 Fiance(e) Visa Process & ProceduresDENIED 129F NO RFE

Even if you were able to get an expedite (which I can't imagine for this reason) getting from initial petition approval through the NVC to Consulate processing in 4 weeks is simply physically impossible.



Correct. USCIS certainly will expedite in age-out situations but only when it is possible to actually accomplish what needs to happen. That's not the case here. The improperly filed petition and the calendar have doomed the K2 visa chances for the OP's daughter.


pushbrkMaleChina2011-07-19 14:15:00
K-1 Fiance(e) Visa Process & Procedureswhat does it mean to get a green card?

Thank you everyone for your replies.
It has certainly been really helpful in helping me understand the implications of the GC and taxes.
Best regards to all




I meant to say you are required to file a US tax return to maintain permanent resident status but that doesn't necessarily mean you'll actually owe/pay any taxes. You would get the foreign income exclusion which covers something like $93,000 now and tends to go up periodically. Only if you earn more than that would any tax be due. The trick is maintaining the permanent resident status. If you don't, you can always re-acquire it later, if needed.


pushbrkMaleChina2011-07-31 19:28:00
K-1 Fiance(e) Visa Process & Procedureswhat does it mean to get a green card?

(please feel free to move it to the correct thread).

Hi all,

Just wondering, what does it mean to get a green card?
I'm asking this because I have just gotten my fiancee visa and I will enter the USA soon and start the whole AOS, work authorisation process.

The thing is, I am doing this because I want to marry my fiance and be with him in the same country. We have discussed this issue and we have not ruled out moving back to Asia (where I am from) in the future. Someone told me if I took on the Green Card, it would also mean paying USA taxes for the rest of my life (even if I'm working in Asia).

So my question is, what does it mean if i do not get a green card, if i only get work authorisation?
Do i have to renew it every year? what rights am i denying myself?
I am happy to pay US taxes if I'm working in USA, it just scares me a little i would potentially need to keep paying even if I left USA in the future.
It is unlikely I'll renounce my citizenship and my country doesnt allow dual citizenship.



1. Work authorization will not give you permission to remain in the USA.

2. More than $90,000 USD in foreign income is exempt from US taxes. You're required to file a US tax return as part of maintaining your Green Card (Legal Permanent Resident Status)

3. Google "Maintaining Permanent Resident Status US" for everything you need to know on the subject.


pushbrkMaleChina2011-07-31 18:23:00
K-1 Fiance(e) Visa Process & ProceduresAffidavit for K1 visa
IMO, the correct relationship to sponsor is "Son's Fiancee". It hasn't happened here but often this is done bass akwards, as in "Fiancee's father". The beneficiary is not their own fiancee's father. Posted Image
pushbrkMaleChina2011-07-31 18:19:00
K-1 Fiance(e) Visa Process & ProceduresDidn't meet in person

You don't even knw whether your fiance is a monster or a gagool...
Meeting in person helps solves this shortcoming alot and majority wont move on with their relationship after meeting in person because many seems not to like their partners.

So, USCIS makes that compulsory and since you failed to obey that, your petition would be requested for an RFE of meeting within 2years and which u cant provide at this time thereby causing the denial of the petition which comes later after months of waiting.

This means, you'll wait longer and frustrated. Your best bet is to visit him/her and then re-file. Goodluck



Please cease with the judgmental comments. Two moderators have been here to provide warnings. The reason you state is NOT why USCIS (actually the law) requires the in person meeting.


pushbrkMaleChina2011-08-01 07:56:00
K-1 Fiance(e) Visa Process & ProceduresDidn't meet in person
Lots of judging going on here and that's not what this forum is for. How to conduct a relationship and when to propose marriage are personal decisions. The OP's question has been answered. If you have nothing constructive to add, please keep your judgments to yourself. You might be surprised to know just how high a percentage of members here, decided to marry after weeks or only a few months of online communication. That's their business, not ours.
pushbrkMaleChina2011-07-31 18:03:00
K-1 Fiance(e) Visa Process & ProceduresDidn't meet in person

What you all dont know is her Fiancee actually petitioned for her yet.cos its boldly written that you need to have MET in the Past 2 yrs.Body pass,visa stamps,Photos are evidence to show that


Actually, yes we do know that her fiance filed a petition. In her opening post she wrote, "After 5 months of communicating online he filed a petition for me..." A petition was filed and it will be denied. After the couple meets in person, a new petition can be filed.



pushbrkMaleChina2011-07-31 13:45:00
K-1 Fiance(e) Visa Process & ProceduresDidn't meet in person

***** Moved from USCIS to K1 fiance forum *****

No sorry. the "meeting within the last 2 years in person" requirement is very strict, and unless he has proof he physically cannot leave the USA, and you have had several tourist visas denied, there is no way this will be waived. His petition for you will be denied. Have him meet you, take lots of photos, get to know eachother, then re-file.



Taking photos is good. Saving the boarding passes would be extra supporting PRIMARY evidence to go with the passport stamps. Photos are SECONDARY evidence of meeting in person.


pushbrkMaleChina2011-07-31 10:56:00
K-1 Fiance(e) Visa Process & ProceduresI-134

Thank you very much for your replies. I will leave it blank as I make over the requested amount.

Another question: For question 11 it says: I Intend or Do Not Intend to make specific contributions to the support of the person named in item 3 (which is where I put my fiancee's name). Then it says to be specific.

In the "sample form" on this website, it doesn't show any of the boxes as checked (intend or do not intend) and has instead "N/A ( K1 visa process for permanent residence )". But shouldn't I check the intend box and then list things like: Food, housing, spending money.

Thank you again all and I hope these questions and answers help others out there!


The question is truly not applicable in a K1 case. However, I prefer the procedure of checking "Intent" and writing something like, "I will support my fiancee as a member of my family."



pushbrkMaleChina2011-08-01 10:40:00
K-1 Fiance(e) Visa Process & ProceduresI-134

Thank you for your reply! Yes, I think I will just open up one for now - good advice! I'll have to search around for the stock information. If not, I will just put $0. And thank you for the good luck, our interview is Thursday. I have everything else, I just need to fill out the form. Nervous! Hope I don't forget anything!!!


Again, if your income is sufficient, simply leave all the asset related questions blank. Not zeros, but BLANK. If your income is not clearlly sufficient adding actual documented asset information is helpful. $3 in liquid assets can replace $1 in income shortfall. No, don't list your only car. It doesn't count, paid for or not.



pushbrkMaleChina2011-08-01 09:53:00
K-1 Fiance(e) Visa Process & ProceduresCan I apply for K1 visa if i'm aready a dual citizen with Canada/Europe

Hi all,
I've been searching this on the net and on this site and cant seem to find the answer. I am a Canadian with citizenship in both Canada and Europe (Italian). My girlfriend and I recently got engaged and are currently in the process of filling out the K1 visa petition. I just wanted to make sure that I am able to apply for this visa even though I already hold 2 citizenship's with Canada and Italy (European Union).

If anybody knows I would greatly appreciate your help!

Thanks


Sure. A visa doesn't grant citizenship. The fiance visa give you a path to Legal Permanent Resident status. Whether you ever apply for citizenship is purely optional.



pushbrkMaleChina2011-07-31 22:46:00
K-1 Fiance(e) Visa Process & Proceduresmy fiance and i where married but we got divorce

my fiance and i met in africa and got married in 2005 and she got pregnant and left for unted state, but she couldn't file the k1 visa as a result of her financial status, she terminated the marriage because she couldnt handle the preasure been pregant and married but your husband is thousands of miles away frm you and she was on disability grant and she didn't have the financial means to visit me in africa as this will couse her great hardship, and we have 5 year old child and we have decided to re-marry at the moment we are enaged and she has file the k1 visa, my questions is in out situation will we have the chance of been aprove? because we have a child together and we know eachother for the past 5 years and we where married before.

pls can some one help us in this regard as we dnt know our faith

thanks


If you haven't seen each other in person within the two years prior to filing the new petition, it will be denied, child or not. Sounds like its been more than five years since you've been together in person.



pushbrkMaleChina2011-07-31 18:25:00
K-1 Fiance(e) Visa Process & ProceduresI-134 question

Good morning all, I have a question regarding the I-134, my fiance is currently living with his mom and 3 brothers. But he's not responsible for their support and 1 of his brothers is a minor (mom's dependent). Does he has to include them in the affidavit?
Also he has a daughter who lives with her mom in Oklahoma, is she partial dependent or wholly? He pays child support, but her mom also is responsible for her support along with her husband, so idk
I don't know how does this work at all. So I little help will be gladly accepted :unsure:




From your description, he counts only his daughter as any kind of dependent. It really doesn't matter if he calls her partial or total. In the Consular officer's view, she counts as 1 in the household size.


pushbrkMaleChina2011-08-02 11:50:00
K-1 Fiance(e) Visa Process & ProceduresI need some advice about K1/K3

There's no significant difference in the processing times for a fiancee or spousal visa. All told, a spousal visa will cost a bit less because the alien arrives with an immigrant visa, and doesn't have to pay for adjustment of status in the US.

The K3 still exists, but it's unusual for consulates to issue it anymore. This is because a K3 requires both an I-130 and an I-129F petition. Both of these are usually approved and sent to the NVC at the same time. When this happens, NVC has a policy to administratively close the I-129F, and send only the I-130 to the US consulate abroad. This means the beneficiary will be applying for a CR1 visa (or IR1, if the marriage is more than 2 years old). Because of this it's a waste of money to send the I-129F petition for a spousal visa since a K3 is not likely to be issued.


Great explanation. I'll just add that when considering costs, one would usually consider the cost of an extra trip abroad to accomplish getting married. If the trip is planned and would be taken anyway, then the cost wouldn't be added to the cost of Spouse to Fiancee visa comparison.

Perhaps a viable option for this petitioner is to marry on an already planned trip and take the spouse visa route. Lots to think about here.



pushbrkMaleChina2011-08-02 11:54:00
K-1 Fiance(e) Visa Process & ProceduresI think I'm being a paranoid polly....

Ohhhh! Ok I will check the debit part, thank you for the tip. And I did send it to the Dallas lockbox :blink: and I did not include a G-1145, I knew nothing about that unfortunately. :( and I also sent $350.00, but I did that because on the US Emb. website for Bogota it said the fee was that much....so do you think that had something to do with it?...IDK?! But thank you for calming my nerves a bit. This prosess is so intimidating, I know you can relate, so for me if one thing doesn't go smoothly I freak out. hahahaha! thank you again! :)


No need to freak out but DO expect your entire package to be returned to you. You sent it without the proper fee. They will not accept a check for $350. The petition filing fee is $340. No check for $340 will result in a rejected petition. You can simply send the package back again with the right check.

Note: You are not applying for a visa. You are filing a petition. When your petition is approved, your foreign fiance will apply for a visa. That's when they will pay a visa application fee equal to $350 but they'll do it in local currency, in Thailand.



pushbrkMaleChina2011-08-03 13:02:00
K-1 Fiance(e) Visa Process & ProceduresFeeling very blue from blue slip

Yup you guys are 100% correct. I was casting doubt since this process is killing our relationship. Being apart for a year is not easy. Glad we still together and she will be coming to JFK airport next month. Do any of you knows how long the wait to enter the States once she arrive will take? Any one has every have any issues coming in?



How long it takes to clear immigration at JFK will depend on how busy things are at the specific time of her arrival. If she has a connecting flight, make sure there's at least a four hour layover.

Edited by pushbrk, 05 August 2011 - 08:03 AM.

pushbrkMaleChina2011-08-05 08:03:00
K-1 Fiance(e) Visa Process & ProceduresFeeling very blue from blue slip

Sadly to say she did not pay the visa delivery fee nor they kept her passport. We just recieved a response on the status

"Thank you for your inquiry.

The Consulate has received the additional required documents and a Consular officer has reviewed the case with the additional documents. Please note that the visa for subject case is now ready for approve. Your beneficiary should expect a call-in notice from the Consulate in the next two weeks. Please follow the instructions on the call-in notice when received."

Not sure they meant we are approved, first time hearing that word bring some comfort.


It means they are ready to issue the visa. They will mail her a call in notice telling her how to submit her passport and arrange for visa delivery. This is the best possible news. Expect the notice and instructions shortly.




I think it looks like your visa is approved and as I understand whenever it is ready they will give her a call to pick the visa.

CONGRATULATIONS




Visas are affixed to passports and the Consulate doesn't have her passport. There's more to it than simply picking up the visa but the visa has been granted and will be issued and delivered shortly after they have her passport and delivery arrangements are made.


pushbrkMaleChina2011-07-19 09:29:00
K-1 Fiance(e) Visa Process & ProceduresFeeling very blue from blue slip

The clerk in the window say she must mail it back and must come back in for the interview. The letter say unless specifically specified to come back from embassy. I guess we just have to wait until they get back to us. Thanks


Then she mails it back. The letter will tell her exactly what to do. She'll get further instructions later. Do not expect an actual second interview. Did she pay the visa delivery fee? They kept the passport, right?



pushbrkMaleChina2011-07-04 11:02:00
K-1 Fiance(e) Visa Process & ProceduresFeeling very blue from blue slip

So are you saying once she submit it and if everything is ok then she is approved? no need to go back to guanzhou. they want it to be mailed


I don't know what the blue slip says. Follow those instructions. What does it say?







pushbrkMaleChina2011-07-04 01:21:00
K-1 Fiance(e) Visa Process & ProceduresFeeling very blue from blue slip

Thank you everyone from this amazing website. I have studied this website and read up on it everyday so I am certainly surprise with the outcome today. My financee interview was yesterday in Guanzhou, China. On the first day she submitted her documents, we realized we made a big mistake. We double check all our documents a week before and made sure all the t where crossed and i are dotted but we realized a name was spelled incorrectly on the I-134. Since I was in the States and she was in China I decided to fix it, sign it, scan it and send her a copy of it through email so she can print it out and bring it with her a week later to Guanzhou. When she submitted the document the clerk mentioned this can be an issue during the interview, since it was not ther "orignal document". Therefore yesterday i try to figure what i can do to fix it. I made a copy of it and sign it front of a public notary and fax it over with the contact information of the public notary agent butagain the interviewr did not approve of it. Not realizing how strict the counsel was with original document they gave a blue slip. Now she back to BJ and i just send it over the original document first class hopefully it arrive early next week avoiding the US holidays.

Do any of you have this experience with Blue or similar issue? How long does it usally take Guanzhou embassy to schedule a second interview? And is there anything else we should be aware of? This process is really tough and getting a blue for all the patience, time and heart given in is really sad and frustrating. Thanks for all your feedback and support. Best luck to all of you.

FYI:Another thing I noticed in China is there arefake notary services that have a legit sign in the office but are not registered with the goverment. Please be careful and make sure. That issue also delayed us but lucky we were able to fix the problem proir to going to embassy. But anyway still BLUE :(


Best to send things to China via Express or Priority Mail. There will be no second "interview". Her blue slip will instruct her as to how to submit any requested document. If she is required to submit it in person, that's all she'll do. No second interview on a blue slip. Read the slip carefully and follow the instructions.



pushbrkMaleChina2011-07-02 11:32:00
K-1 Fiance(e) Visa Process & ProceduresA BIG CONFUSION

Okay. Time to clear this up.

What was the marital status of the 17 years old child when he entered the US on the immigration visa?

If he was single, then he is a US citizen because he meets the requirements of the Child Citizenship Act. Listing him as single on the N-600 would not be a material misrepresentation. He is good to go on petitioning his wife and child.

If he was married, then this would be a material misrepresentation affecting the validity of the IR-2 visa. Since he was married, then the claim to derivative US citizenship under the CCA would be invalid. This would indeed be the time to lawyer up.



The facts established are that the child was 17 and single when admitted on the IR2 visa and later, at age 18, returned to the Philippines and married.


pushbrkMaleChina2011-08-04 23:29:00
K-1 Fiance(e) Visa Process & ProceduresA BIG CONFUSION

In order to derive citizenship under section 320 of the INA:

1. At least one parent must be a US citizen.
2. The child must be under 18 years old.
3. The child must be residing in the US in the custody of the US citizen parent.
4. The child must have been admitted for permanent residence.

In order to qualify as a "child", they must be unmarried.

http://www.uscis.gov...000b92ca60aRCRD

The misrepresentation was about a material fact. Time to lawyer up.



You're misreading the facts and dates, Jim, just as Lolo and I did. Posted Image The admission to the US and activation of citizenship was at age 18 when the subject was single. All that happened after that was an application for a certificate, not an application for admission to the USA. The child was already a legitimate citizen when the error in marital status was on a form submitted, again, for a certificate, not actual citizenship. Obtaining a certificate is optional. A passport is adequate evidence of US Citizenship. The misrepresentation was NOT material to the granting of citizenship.



pushbrkMaleChina2011-08-04 23:24:00
K-1 Fiance(e) Visa Process & ProceduresA BIG CONFUSION

Yeah. I read the OP's post incorrectly. There is no problem with the entry into the US on the IR-2. Minor problem with the N-600 which is not a material misrepresentation.

P.S. Do not get remarry. There is no need.


My reread agrees with you. Marital status was not material to the US Citizenship certificate application and he WAS single when he obtained the IR2 visa at age 17. Married is married. No need to marry again. You can have all the unofficial ceremonies you want.



pushbrkMaleChina2011-08-04 17:48:00
K-1 Fiance(e) Visa Process & ProceduresA BIG CONFUSION

No, what I mean is that for his US Citizenship marital status wouldn't affect the decision. For the Misrepresentation to be "Material" it would have to be a fact that could have caused the decision to sway from approved to denied.

I would certainly expect there to be questions raised by the date of marriage but in all honesty I think they should just be ready to explain that he had not disclosed the marriage to his father at the time the documents were filled-out.




You "don't see how" and I'm not sure. However, the muddy water is in whether the correct visa was obtained. Marital status impacts eligibility for a visa. A consultation with a qualified family immigration attorney is critical here. If the child obtained a visa they weren't qualified for, their citizenship can be voided. It's not an error. It's a misrepresentation. Who signed the DS230 saying the applicant was single? Depending on age, it's the applicant. If old enough to be married in the PI, the visa applicant signed their own DS230.


pushbrkMaleChina2011-08-04 15:48:00
K-1 Fiance(e) Visa Process & ProceduresA BIG CONFUSION

I just want to share the story of my friend here and hopefully some could give us better advice on what to do. Father A was a US citizen when his 17 year old son entered into the US last March, 2008. Unfortunately, they were not able to apply his citizenship right away due to financial problem that time only just last July 2010. The problem is Father A didn't know that his son married his gf (who was then pregnant) when he came home last 2009 in the Philippines. So what happened when he filed for his son's US citizenship, he declared him as single. Later he knew that his son is already married. His son turned 21 already this July and he plans to bring his family in the US but the problem is how can he able to do that if he was declared single when he is not truly not. What's the best option to do?



It's possible a material misrepresentation has been made. See a qualified immigration attorney to sort out this matter.


pushbrkMaleChina2011-08-04 10:58:00
K-1 Fiance(e) Visa Process & Proceduresupdating you guys

at pushbrk, i'm sorry i di something wrong above. sorry i did'nt mean to be rude. i was tied up and did'nt have the time to explain everything all over to you at that time, that is why i asked you to read the posts. i did'nt mean any disrespect, i'm truly sorry. plz forgive me


No worries. You live and learn.



pushbrkMaleChina2011-08-06 08:51:00